Insured: Court’s Misconception Of Law ‘Poisoned’ Opinion In Suit Over Data Breach

Mealey's (October 18, 2019, 2:35 PM EDT) -- NEW ORLEANS — An insured argues in an Oct. 1 appellant brief that an underlying lawsuit seeking to recover damages purportedly caused by a data breach of its credit card processing system triggered “personal and advertising injury” coverage under its commercial general liability insurance policy, asking the Fifth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that the insurer has no duty to defend (Landry's Inc. v. The Insurance Company of the State of Pennsylvania, No. 19-20430, 5th Cir.)....